Clarkslegal Podcast

WhatsApp is a convenient and quick way to communicate with colleagues and clients, but is it legally safe to use in the workplace? In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work. Key topics include:The difference between personal and professional boundaries when using WhatsApp The fact that WhatsApp messages are not stored on company servers The widespread use of WhatsApp on personal devices Commonly overlooked issues related to data retention and GDPR compliance Steps employers can take to mitigate risksIf your organisation needs help reviewing your GDPR policies and practices or employee training on data protection requirements, please contact our Data Protection Lawyers.

Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration. In the third and final episode of our three-part podcast series, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they discuss:  The sectors that are currently very popular for business exits Sectors that may struggle to attract buyers in a conventional manner, along with insights on how best to position your business within these sectors.If you are a business owner seeking guidance on preparing for an exit or navigating the complexities of a business transition, this podcast series is designed for you.If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.

Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration. In the second instalment of our three-part series, join Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, as they delve into: The complexities surrounding business financingAccurate accounting and valuation strategiesEssential insights into Private EquityIf you are a business owner looking for guidance on preparing for an exit or unravelling the intricacies of a business transition, this podcast series is tailored for you.If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Goringe Larkin, who would be happy to help.

In this ninth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, will examine the information and consultation obligations under TUPE.  In this episode, Katie will cover:Who qualifies as the 'appropriate representatives' of the affected employees? The obligation to inform employees. How should the information be given? When should the information be provided? The obligation to consult with employees.  What are measures?Who should carry out consultation on any proposed measures?When should the consultation start?Consequences of failing to inform and consult.Employee liability informationWhat must be included The implications of failing to provide it.Please get in touch with our employment lawyers for advice if you have any questions or need assistance with TUPE.

In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers' rights.In part 2 of the Employment Rights Bill podcast in the ‘Talking Employment Law' series, Louise Keenan and Melanie Pimenta, members of the employment team at Clarkslegal, will discuss some of the main provisions of the Bill, including:Changes to collective redundanciesFlexible workingSick payPlease contact our employment team if your business needs help with any of these proposed changes. It's important to seek advice and plan for the changes now to be ready when they come into force.The Employment Rights Bill Podcast Series Part 1.  Unfair dismissal and family rights 

Selling your business is usually the last step in starting a business. When the time comes to exit, it's crucial to ensure a smooth transition so you can retire comfortably and maximise the value you receive from your business. This significant decision carries various legal and financial implications that require careful consideration. In the first part of this three-part series, Stuart Mullins, Corporate Partner at Clarkslegal, and Nicky Goringe Larkin, Managing Director at Succession Planning, will discuss:  The biggest fears that sellers and buyers have around exit and purchase Common reasons why sales fail between Heads of Terms and the completion stageIf you run a business and would like assistance preparing for an exit or understanding how a business exit could work, this podcast series is for you. If you wish to discuss any of the issues mentioned, please contact Stuart Mullins and Nicky Larkin, who would be happy to help.

In this podcast, Lucy White and Shauna Jones, members of the employment team at Clarkslegal, will guide you through the complex topics of redundancy and settlement agreements. They will explain what redundancy means for both employers and employees and how settlement agreements work in practice.Topics covered:What is redundancy? What rights does an employee have if they are made redundant? What is a settlement agreement? What is a protected conversation? What does "without prejudice" mean?What are the differences between redundancy and settlement agreements?How is a settlement agreement negotiated? What must an employer include in a settlement agreement? Are payments in settlement agreements taxable? Confidentiality clauses in a settlement agreement What other standard terms are found in settlement agreements? How much time should an employee be given to consider a settlement agreement? If you have any questions about anything discussed in this podcast or need assistance drafting or negotiating a settlement agreement, our experienced employment team would be more than happy to advise.

In October 2024, the Government unveiled its Employment Rights Bill which is currently making its way through Parliament to become law. This Bill introduces major reforms to workers' rights.In part 1 of the Employment Rights Bill podcast in the ‘Talking Employment Law' series, Louise Keenan and Lucy White, members of the employment team at Clarkslegal, will discuss some of the main provisions of the Bill, including: Unfair dismissal Family rightsBereavement leave Unpaid parental leavePaternity leave Extension of protection for pregnant women and new mothersPlease contact our employment team if your business needs help with any of these proposed changes. It's important to seek advice and plan for the changes now to be ready when they come into force.   

Asda workers fighting for equal pay have advanced to the final stage in their legal battle, as the employment tribunal ruled that the majority of claimants working in retail roles in Asda supermarkets were doing work of equal value to their counterparts working in distribution centres.In the latest podcast of the ‘Talking Employment Law' series, Louise Keenan and Shauna Jones, members of the employment team at Clarkslegal, will discuss the recent Asda equal pay decision, which has been attracting a lot of attention. In the podcast, they will cover the following topics:An overview of equal pay lawDetails of the Asda caseA look at other important equal pay claims within the retail sectorIf you would like advice on your payment practices to ensure compliance with Equal Pay legislation, please feel free to contact our employment law team who can review and assist you in meeting your legal obligations.

Data retention is the storage of data for a specific period, guided by legal, operational, and regulatory considerations. While data minimisation principles advocate for limiting the collection and storage of personal data, retaining certain information is often necessary for various purposes.In this podcast, Jesse Akiwumi and Harry Berryman, members of the Data Protection team at Clarkslegal, address the top frequently asked questions we receive about data retention. These questions include: How long can an organisation lawfully keep data?What happens to data that is shared with others? Why is it important to limit the storage of data? Do organisations need policies to govern what data is retained and what is destroyed? What are the consequences of wrongfully deleting information? Can an organisation face criminal charges for deleting or altering information that an individual has requested? Can an organisation destroy or amend information after responding to a request? If your organisation needs help drafting a data retention policy or employee training on data protection requirements, please contact our Data Protection Lawyers.

In this eighth episode of our TUPE Podcast Series, Katie Glendinning, a Partner in the employment team, focuses on dismissals in a TUPE context and, in particular, the additional protection afforded by TUPE.In this episode, Katie will cover:What is an unfair dismissalTUPE's relationship to unfair dismissals Employee protections against dismissal under TUPE Dismissals due to transfer Economic, technical, or organisational reasons for dismissal The meaning of "entailing changes in the workforce"Who is liable for the unfair dismissal Constructive dismissal Remedies for unfair dismissalIf you have any questions in relation to TUPE, please contact our employment lawyers for advice. 

Understanding Data Subject Access Requests (DSARs) is crucial for businesses. For many companies, opening a DSAR is a daunting task, and it can be difficult to know where to start when faced with a mountain of potential documents to disclose. In this podcast, Lucy Densham Brown and Jacob Montague, members of the Data Protection team at Clarkslegal, have narrowed down the top FAQs we receive on DSARs, including:How should I respond to a DSAR? When do I need to respond to a DSAR?Can I charge a fee for responding to a DSAR? Can I challenge a DSAR that I have received?My response to a DSAR will contain confidential information – what can I do? If you have any questions at all about any aspect of the DSAR process, or need  advice on how to respond to one, please contact our Data Protection lawyers for advice.

In this seventh episode of our TUPE Podcast Series, Louise Keenan will discuss the restrictions on changing terms and conditions for employees who are transferring.   In this episode, Louise will cover:Restrictions on changing terms and conditionsPermissible changes to terms and conditions, including those for economic, technical, or organizational (ETO) reasons Examples from case lawIf you have any questions in relation to TUPE, please contact our employment lawyers for advice.

Data protection is increasingly crucial for HR as regulations evolve and data breaches become more common. In the second episode of the ‘Data Protection Unlocked for HR' podcast series, Harry Berryman and Shauna Jones, members of the Clarkslegal data protection team, share invaluable insights on how HR can ensure compliance, safeguard employee data, and maintain privacy standards. Key areas covered in the episode include:Workplace policies and proceduresThe crucial role of the Data Protection OfficerThe significance of providing data protection training for both HR and employeesThe episode is designed to equip listeners with the knowledge of best practices and effective strategies to secure sensitive information. If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.

In the first episode of the 'Data Protection Unlocked for HR' podcast series, Lucy Densham Brown and Sana Nahas from the data protection team at Clarkslegal discuss the data protection issues that HR professionals often encounter. They provide advice and guidance on dealing with these issues, addressing common data protection questions from employers. This introduction to data protection covers the following topics:Overview of key data protection regulations and other laws impacting HRThe importance of data protection in HR and the significance of protecting personal dataLawful processing of employee dataConsentData minimisationSecurity measuresBest practices The episode aims to give listeners a fundamental understanding of the importance of data protection in HR and equip them with practical steps to implement best practices in their organisations.If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.

In this sixth podcast in our TUPE Podcast Series, Amanda Glover will delve into the automatic transfer principle and what transfers to the incoming employer under TUPE.In the episode, Amanda will explore:What rights and liabilities relating to the individuals transfer under TUPE Contractual rightsNon-contractual and discretionary rights and benefitsActs and omissions before the transferStatutory rightsTortious and civil liabilitiesTrade union recognition, collective rights and liabilitiesTUPE pension rights and liabilitiesIf you have any questions in relation to TUPE, please contact our employment lawyers for advice.

From October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will strengthen existing protection for workers against sexual harassment. This new law will place a new duty on employers to take ‘reasonable steps' to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty.In the next instalment of our ‘Talking Employment Law Podcast' series, Lucy Densham Brown and Shauna Jones, members of the employment team at Clarkslegal, will review the new law and provide some guidance on how employers should review their policies in preparation for October. This includes:  Understanding sexual harassmentCurrent employer obligationsExplaining the new law and its differencesEmployer liability and employee remedies following harassmentPreventing third parties not under the same control as employees from engaging in harassmentAnticipated steps that employers might need to takeThe consequences of failing to fulfil this duty If you are an employer and have any queries or concerns about the implications of the new Workers Protection Act 2023, please contact our employment team, who would be happy to assist you.

In the third and final podcast in our ‘AI Podcast' trilogy, Lucy Densham Brown and Rebecca Dowle, members of the data protection team at Clarkslegal, will be discussing how to use AI to process data safely. They will be looking closely at the risks for businesses and the types of data security protections you can put in place. This includes:Regulation of AIWhen using AI, do companies need to update their privacy notices?How to ensure that data inserted into an AI database has the proper safeguardsUseful Links: UK Government's approach to AI UK Government's plans for implementing a pro-innovation approach to AI regulation.A pro-innovation approach to AI regulation – Government response to consultation (publishing.service.gov.uk)A pro-innovation approach to AI regulation - amended (web-ready PDF) (publishing.service.gov.uk)Employmentbuddy FREE HR Resource: Generative AI policy As a special promotion, we have prepared a free Employmentbuddy Generative AI template policy for businesses. This policy sets out how Generative AI should be used in the workplace to ensure we enjoy the benefits of it without causing risks to the business or compromising our high standards. We hope you find it useful!Download Here: Generative AI policyWebinar: How do I protect my business in the event of a personal data breach? A company may suffer disastrous consequences because of a personal data breach; they can seriously harm a company's finances and reputation by enabling criminals to utilise personal information to commit fraud and identity theft. Join our data protection team, for a quick overview of how to protect your business. Tuesday 30 April, 11:00 AM - 11:30 AM BSTVisit our events page to register: How do I protect my business in the event of a personal data breach? If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.AI Podcast SeriesAI, Discrimination and Automated Decision-makingAI and Intellectual PropertyAI Podcast: AI and Data Security

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers' under TUPE. Looking at the definition of ‘employee' under TUPE legislation and the tests that apply in deciding if those employees transfer. Determining whether an individual is an employee is by no means an easy task and is extremely fact sensitive. In this podcast, we will examine those who are likely to fall within the definition of employee under TUPE, including: EmployeesApprenticesWorkersExecutive DirectorsSecondees provided by the transferor Agency workersGenuinely self-employed contractorsSecondees provided by a third party to work for the transferorNon-employed directorsIf you have any questions in relation to TUPE, please contact our employment lawyers for advice.

In the second of our three-part ‘AI Podcast' series, Jacob Montague and Lucy Densham Brown, members of the data protection team at Clarkslegal, will be exploring how artificial intelligence (AI) interacts with intellectual property rights (IP rights). This includes: What are Intellectual Property (IP) rights?Can AI produced work have IP rights?Recent issues for copyright infringement by AI systemsWhat is generative AI?Why is legal reform needed for effective AI regulation?If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.

Unfortunately, in this difficult economic period, now officially a recession, businesses of all sizes are being forced to make redundancies, some for the first time. This is inevitably a stressful time for both employees and management at these organisations.  As with all unfamiliar processes, knowing what to expect and how to make the most of the situation can only help.In this third podcast in the ‘Talking Employment Law' series, Harry Berryman and Rebecca Dowle, members of the employment team at Clarkslegal, will discuss and provide some  guidance on what is a fair process when selecting employees for redundancy. This includes:How do employers decide the pool?Consultation process Selection processAlternatives to redundancyIf you are an employer or employee and have any questions about the redundancy process, please contact our employment team, who would be happy to assist you.

In the first of our three-part ‘AI Podcast' series, Lucy Densham Brown and Jordan Masters, members of the data protection team at Clarkslegal, discuss how using AI and automated decision-making could conflict with GDPR protections and lead to discrimination. This includes:What is AI?What is GDPR and how does the use of AI relate to it?Examples of how problems can arise from AI learning from historic data.What does Article 22 of the UK GDPR mean for data processers?What are the implications of the Article 22 judgement? If you have any questions or want to discuss data protection law and how it applies to you in more depth, please contact our data protection team, who would be happy to help.

In June this year, the British Standards Institute (BSI) released a new code of practice on Diversity, Equity, and Inclusion (DEI) in the workplace. The code offers employers helpful resources and practical advice to assist them in creating a work environment that supports, encourages, and promotes DEI. Please see the link here for a copy of the BIS code.In this second podcast in the ‘Talking Employment Law' series, Rebecca Dowle and Lucy Densham Brown, members of the employment team at Clarkslegal, summarise the key takeaways from the code of practice published by the BSI. This includes:The five-step approach to understanding DEIBusiness strategy for DEIPolicies, processes, and proceduresImpact of DEI on performanceMeasuring progress and adapting strategyIf you have any questions about the code or how to achieve an effective DEI work environment, please contact our employment team who would be assist you.

In this fourth podcast in our TUPE Podcast Series, Amanda Glover will be looking at the second of the three conditions required for a service provision change transfer.In our third podcast Service Provision Changes – Organised grouping and principal purpose, we discussed that the service provision change rules in the TUPE regulations are very wide and are meant to cover most situations where activities performed by a service provider on behalf of a client change hands. These will amount to service provision change TUPE transfers. However, the rules will not apply where the client intends that the activities will be carried out by the new service provider in connection with a single specific event or task of short-term duration.If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

There has been a renewed emphasis on home/work balance and family-friendly rights since the pandemic forced many workers into a hybrid or remote working environment. Employers are quickly finding that they have to update their policies and conform to the new way of working. The government has seized on this momentum and has pushed through some new family-friendly Bills, which all received Royal Assent in spring and summer this year.In this first podcast in the 'Talking Employment Law' series, Lucy Densham Brown and Rebecca Dowle, members of the employment team at Clarkslegal summarise some of the big new family-friendly Bills that are working their way through parliament, including:Flexible Working RequestsCarer's LeaveNeonatal Care LeaveEnhanced Maternity Redundancy ProtectionIf you have any questions at all about any of these new family friendly rights, please contact our employment team who would be happy to help.

This is the third podcast in our TUPE Podcast Series. The first podcast When Does TUPE Apply? - Relevant Transfers, we discussed the two types of transfer under TUPE, a Business Transfer and a Service Provision change. In our second podcast Service Provision Changes – Same Client and Fundamentally the Same Activities, we reviewed two of the key requirements for a Service Provision Change, namely the requirement for the client to remain the same pre and post transfer and for activities to remain fundamentally the same. In this third podcast, Amanda Glover will be focusing  on another key element of a service provision change. This is the requirement that immediately before the service provision change, there must be an organised grouping of employees situated in Great Britain, which has as its principal purpose, the carrying out of the activities concerned on behalf of the client.If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

The UK Information Commissioner's Office (ICO) released updated guidance in May 2023 focused on how employers should respond to data subject access requests (DSARs) from employees. This new guidance is produced for employers in the format of a Q&A, and gives employers an idea on what to do in certain situations if an employee requests a DSAR. In this podcast Lucy Densham Brown and Rebecca Dowle members of the Data Protection team at Clarkslegal summarise some of the key takeaways from that Q&A including: Settlement agreementsSocial media platformsPersonal email address Redacting unrelated dataIf you have any questions at all about any aspect of the DSAR process, or need some advice on how to respond to a DSAR, please contact our Data Protection lawyers for advice.

Employee ownership is growing quickly as an option for business owners to sell their business. Employee Ownership provides a way to preserve the long-term ethos, values, and culture of the business.This podcast is a prelude to the Employee Ownership Trusts (EOTs) Roadshow, which Clarkslegal LLP is hosting at Thames Tower in Reading on 17 May in collaboration with K3 Tax Advisory, Quantuma, Shawbrook Bank and J Gadd Associates.  At this event, we'll offer an interactive workshop on all aspects of transitioning to employee ownership, including legal, valuation, funding, tax and transition management. In this podcast, our EOT experts will answer frequently asked questions by business owners considering employee ownership as a route to exit:What  is the most common question asked by a potential seller when considering an EOT as an exit for their business? The tax rules can be complicated – what is the best way to prepare for clearance?What is the appetite for funding EOT's as they grow in popularity?What would you say is the most important element to consider for any business seller in preparing for employee ownership transition?Event Details : Employee Ownership Trusts – Thames Valley RoadshowDate: Wednesday 17th May Time: 9:00am and 11:30am Location: Roost, Thames Tower, Station Road, Reading, RG1 1LX>    Find out more and book your place hereSpeakersAdrian Howells, Director of Corporate Finance, Quantuma, an experienced M&A practitioner enabling owners of SME businesses exit and realise value.Holly Bedford, Managing Director, K3 Tax Advisory, a specialist tax adviser focusing on SME business sales and EOTs.Jeremy Gadd, Founder and Managing Director of J Gadd Associates and an independent EOT Director. 40 years experience of the Employee Ownership, here to share valuable insights into designing an effective ownership transition; avoiding expensive pitfalls.Steven Munt, Senior Director, Shawbrook Bank, a specialist lender to SME's, providing expert guidance on funding options to support the transition to EO, and beyond.Stuart Mullins, Partner, at Clarkslegal LLP sharing his key insights on the legal considerations when transitioning your business into employee ownership.If you have any questions about Employee Ownership Trusts, or need some advice, please contact Stuart Mullins .

Since the introduction of the EU General Data Protection Regulation (GDPR)  in 2018, employees have had the right to request access to their personal data from their employer using a Data Subject Access Request (DSAR).In this podcast Ciara Duggan and Oscar Poku members of the Data Protection team at Clarkslegal discuss DSARs in an employment law context, as they often appear where there is on ongoing dispute between an employee and their employer. They will explain what exactly a DSAR is, how one is made, and how companies should respond if they receive one. If you have any questions at all about any aspect of the DSAR process, or need some advice on how to respond to a DSAR, please contact our Data Protection lawyers for advice.

The UK Government strictly regulates the immigration of migrant workers to the UK. As a part of its immigration system, it requires companies to have a sponsor licence before they can sponsor non-UK employees.In this podcast Rebecca Hone and Monica Mastropasqua members of the immigration team at Clarkslegal discuss how to apply for a sponsor licence so you can sponsor foreign workers to come and work in the UK. While touching on some of the post-Brexit implications on the UK's immigration system. If you are interested in obtaining a Sponsor License, please contact our immigration lawyers for advice.

Same Client and Fundamentally the Same ActivitiesThis is the second podcast in our TUPE Podcast Series; the first podcast introduced the two types of relevant transfers covered by TUPE, namely a business transfer and a service provision change . If you want a general introduction on what a service provision change is, make sure you listen to the first podcast in the TUPE Podcast Series.In this podcast, Caroline Lendrum will be focussing  on service provision changes and, in particular, the requirement to have the same client pre and post-transfer and the requirement for activities to remain fundamentally the same pre and post-transfer.If you have any questions in relation to TUPE, please contact our employment lawyers for advice.

In this podcast Ciara Duggan and Sana Nahas members of the employment team at Clarkslegal will guide you through the tricky topic of redundancy and settlement agreements, covering what redundancy means for both employers and employees, as well as how settlement agreements work in practise.Topics include:What is a redundancy ? What rights does an employee have if they are made redundant? What is a settlement agreement? What is a protected conversation? What does without prejudice mean? What are the differences between redundancy and settlement agreements?How is a settlement agreement negotiated? What must an employer include in a settlement agreement? Are payments in settlement agreements taxable?  Confidentiality clauses in a settlement agreement What are other standard terms found in settlement agreements? Time an employee should be given to consider a settlement agreement If you have any questions about anything we have discussed or need help with drafting or negotiating a settlement agreement, please contact our experienced employment team would be more than happy to advise. 

In this podcast Ciara Duggan and Oscar Poku members of the Data Protection team at Clarkslegal discuss the main developments in the UK Data Protection scene from 2022 and what trends to look out for in 2023.Key developments of 2022Implementation of the International Data Transfer Agreement and update to Transfer Risk AssessmentsThe Data Protection and Data Information BillNew guidance on the UK BCRsCybersecurity and data breachesWhat to look out for in 2023Data protection reformRegulation of AIDevelopment of the metaverseUK ‘adequacy' status reviewIf you have any questions in relation to Data Protection, please contact our Data Protection lawyers for advice.

TUPE can be a very complicated area of law to navigate and so we have designed a series of short podcasts to give you a really good overview of the basics. In this podcast, Louise Keenan, Associate in the employment team at Clarkslegal will be focusing on what TUPE is and when it applies.

There's been a lot of publicity recently about the Supreme Court case of Harpur Trust v Brazel and its impact on calculating holiday entitlement and pay for workers.The case specifically concerned holiday entitlement and pay for what were termed ‘part-year workers'.  These are workers who are on a permanent contract, who work irregular hours and who do not work every week of the year.  The case impacts on workers such as term time workers, like Mrs Brazel in this case, but also wider groups like casual and zero-hour workers. Employment Associate Louise Keenan explains.

In this podcast Melanie Pimenta and Sana Nahas members of the Data Protection team at Clarkslegal discuss some of the issues surrounding non-compliance with subject access requests, commonly known as “DSARs”. This is particularly topical given that the ICO has recently announced that it has issued reprimands to seven organisations for repeatedly failing to respond to data subject access requests under the UK GDPR. 

Earlier this year, the UK Government announced the introduction of the Data Protection and Digital Information Bill in which the consultation considered specifically on the interplay of AI technologies with the UK's data protection regime. On 18 July 2022, the UK Government set out its proposals for regulating the use of AI technologies while protecting data and promoting innovation.In this podcast Melanie Pimenta and Jacob Montague solicitors in the Data Protection team at Clarkslegal discuss the Government's proposals to regulate the use of AI and what businesses should do. 

Restructuring can cover a vast range of situations, including changes to a company's structure, business model or processes. It can be similar to a redundancy process in that it may involve a reduction in work of a particular kind being required.Recently, many employers have been considering restructuring their business, particularly in light of the global pandemic and various ways of working. Not all organisational change will result in a redundancy situation, however each case will turn on the circumstances and specific facts. Melanie Pimenta, Senior Solicitor at Clarkslegal explores the considerations when undertaking a fair redundancy process.

Employees can now be signed off work when sick by nurses, occupational therapists, pharmacists and physiotherapists who can sign statements of fitness for work, also known as a GP fit note. This change has been brought in to ease the burden on GPs.But what might this mean for employers who suspect that a worker is exaggerating their condition for some reason: perhaps to avoid performance management or disciplinary hearings, or to take advantage of contractual sick pay? Employment Associate Deborah Scales explains. 

Employment status and how it is determined has been an issue that has vexed the courts recently, with cases in both the employment and tax tribunals.An individual's employment status determines what type of protections and rights they are entitled to, and establishing status involves the consideration of many different factors.In this podcast listen to the case of Sejpal v Rodericks Dental Limited, which focuses on the status of a dentist and was heard by the Employment Appeal Tribunal (EAT), tried to offer some clarity on how the tests for employment status should be applied.

In this podcast Melanie Pimenta and Jacob Montague solicitors in the Data Protection team at Clarkslegal and discuss some of the issues surrounding data protection and hybrid or remote working. Since the pandemic remote and hybrid working have become the new normal and this raises some interesting questions on data protection and how organisations can make sure data is protected whilst employees are working from different locations.

Clarkslegal's Data Protection Solicitors Melanie Pimenta and Amanda Glover explain what data breaches are, how they can be risk assessed and an organisation's obligation to report data breaches. It's an interesting time to pick up on this topic because the ICO is promoting a back to basics focus on data security, so it's an area where we've seen more guidance and also more enforcement action.

Clarkslegal's Employment Solicitor Melanie Pimenta explains the new lifting of Covid-19 restrictions and what this means for employers. 

Liz Bradley, Senior Employment Solicitor and Data Protection specialist takes a deep dive into the complicated process of employee monitoring. It's a topic that has hit the headlines partly due to remote ways of working  and also due to a rise in the range of software allowing tracking of employees.  So what is the law on employee monitoring? And what can employers do? 

The pandemic has brought the topic of health and wellbeing to the forefront, not least in the employment sphere. With an overnight move for many from office to homeworking, there was an increased focus on mental resilience, loneliness, and the blurred lines between work and rest, and between work and home life. Across the country, many employees suddenly had the opportunity to experience both the perks of working away from the office, as well as the detriments.The pandemic has undoubtedly shifted us further away from a time where work was a place, to a time where work is an activity. We are seeing higher percentages of the workforce continuously working from home or remotely than ever before. We are also seeing the emergence of a ‘hybrid' workforce; fluctuating a mix of home, remote and office working. Senior employment solicitor Amanda Glover explains how Portugal is putting workplace health and wellbeing first with new right to rest laws. 

It's inevitable that many employers will now find themselves facing an increasing number of flexible working requests from employees who have been able to work remotely from home in recent months and wish to continue to do so in some form.   Under the current statutory framework there are eight grounds on which such requests can be refused including where this would have a detrimental impact on quality, performance or the ability to meet customer demand. However, the question arises – do these grounds still stand up to scrutiny for organisations that allowed employees to work from home during the pandemic? Employment Associate Louise Keenan explains. 

Sunday 10 October 2021 marks World Mental Health Day, with this year's official theme announced by the World Federation for Mental Health as “Mental Health in an Unequal World”. The explanation for the theme by WFMH reflects on the “increasingly polarised” world, with inequalities in race and ethnicity and gender identity highlighted during the pandemic. These inequalities can impact on people's mental health, which and in turn can impact their job prospects and hopes for the future.  Ciara Duggan explains how employers could therefore take this year's Mental Health Day not just as an opportunity to review how it looks after employees' mental wellbeing, but also as a chance to ensure that it is addressing inequalities in its own workplace.  

We spend approximately 90,000 hours of our lives at work. The only thing we spend more time doing than working, is sleeping. Where an individual spends such a significant percentage of their lives working, one would assume they would ensure their work makes them happy and is something that they actively look forward to. However, it is no secret that many people do not like their jobs. Only about 40% of the world's working population say they are happy at work according to analytics firm Great Place to Work. The COVID-19 pandemic has accelerated this trend further as people have reflected over what their priorities are. This reprioritisation is affecting people's job choices too. Leaders need to recognise that more of the talent that is sought after, value happiness.Against this backdrop, what is it that organisations can do to foster happiness within the workplace?

As the UK economy continues to recover from the Covid-19 pandemic and the restrictions of the last 18 months, the number of job vacancies are reaching record highs.Many businesses across a number of sectors have been able to reopen in full in the UK since the final restrictions lifted on 19 July 2021. This has created a serious increase in demand for workers, with the ONS estimating that between May and July 2021, there were approximately 958,000 vacancies that needed to be filled.In this podcast Ciara Duggan explains the skilled workers shortage and how employers can recruit a worker from outside the UK. 

Speculators predicted a surge in redundancies this autumn as the Coronavirus Job Retention Scheme comes to an end on the 30th September. However, this surge doesn't appear to be forthcoming.Despite 1.9 million workers still being on furlough at the end of June, recent data from the Insolvency Service (the body employers must notify when they are making 20 or more staff redundant) shows that the proposed job cut figures in August were the lowest they have been for 7 years. The exact number of proposed job cuts stood at 12,687 in August. At the height of the pandemic, this figure stood at 150,000 job cuts per month.During the month of September, employers are able to recoup 60% of a worker's wages, up to a cap of £1,875 using the Government's Coronavirus Job Retention Scheme. The deadline for August claims is the 14 September 2021 and the deadline for September claims is the 14 October 2021. Past September, employers with staff currently on furlough will need to assess whether they can afford to pay 100% of staff members' wages going forward, or whether they will need to look at making redundancies.Employment Solicitor Amanda Glover explains in this podcast about the furlough wind down, redundancy forecasts and what you need to do as an employer by law if you are considering redundancies this autumn. 

Employment agency Reed has reported a 20% increase in the number of new positions offering unlimited annual leave as part of the benefits packages. Along with flexible working, it seems to be incentive employers are keen to explore and use as they compete to recruit the best talent from a pandemic weary workforce that values well-being and work-life balance.But is it always a good idea? And how can employers avoid being sued by workers for breaches of the Working Time Regulations 1998 (WTR) which govern the rules on statutory annual leave?Deborah Scales, Employment lawyer at Clarkslegal explains all about the legal considerations for employers when considering unlimited annual leave for their employees.